Sleep apnea decisions — 2019

The Veteran's lumbar spine degenerative arthritis is granted service connection. The appeals for other conditions are dismissed due to withdrawal by the Veteran.

The Board has remanded the Veteran's claims of service connection for sleep apnea, GERD, and allergic rhinitis due to conflicting medical opinions. The cases are being returned to the AOJ for new VA opinions on secondary service connection.

The Board has determined that the Veteran's degenerative disc disease of the lumbosacral spine does not warrant a rating in excess of 40 percent, as there is no evidence of unfavorable ankylosis or incapacitating episodes due to intervertebral disc syndrome.

The Board denied service connection for a lung disorder, sleep disorder, hypertension, heart disorder, gastrointestinal disorder, and psychiatric disorder. The appellant's claims were not supported by competent, credible evidence of record.,Service connection was not established as the preponderance of the evidence did not support a nexus to service.

The Board has granted service connection for sleep apnea, hypertension as aggravated by sleep apnea, and migraine headaches secondary to sleep apnea. The issues of service connection for coronary artery disease and prostate disorder are stayed due to the Blue Water Navy Vietnam Veterans Act of 2019.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there is insufficient competent evidence to link his in-service snoring and tiredness with his current diagnosis of sleep apnea.

The Board has denied the Veteran's claims for service connection for obstructive sleep apnea, finding that there is no evidence to support a direct or secondary relationship between his current condition and his military service.

The Board has decided to remand the case due to a lack of a VA medical opinion regarding whether the Veteran's sleep apnea is related to his service-connected PTSD.

The Board denied the Veteran's request for an effective date prior to September 26, 2017 for service connection of sleep apnea due to lack of evidence showing a clear and unmistakable error in the June 2012 rating decision.

The Veteran's service-connected disabilities, including mid-thoracic and lumbosacral strain, right knee chondromalacia patella, left knee chondromalacia patella, and bilateral pes planus, have rendered him unemployable since October 15, 2004. An effective date of October 15, 2004 is granted for the award of a total disability rating based on individual unemployability (TDIU).

The Veteran's cause of death is now considered service-connected, effective from November 2, 2015.

The Board denied service connection for bilateral hearing loss disability and obstructive sleep apnea, finding that the evidence did not support a link between these conditions and service.

The Board has determined that the Veteran's sleep apnea is likely to have started during his military service, and thus grants service connection for this condition.

The Veteran's need for regular aid and attendance due to his service-connected disabilities has been established, resulting in the grant of special monthly compensation (SMC) based on aid and attendance/housebound.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's sleep-related symptoms are attributable to an undiagnosed illness or a chronic unexplained multi-symptom illness, and for obtaining additional medical opinions.

The Veteran's obstructive sleep apnea, bilateral knee degenerative arthritis, and bilateral pes planus were all found to be caused by service. The left knee meniscus tear was not related to service.,Service connection for the Veteran’s bilateral knee and foot disabilities (including bilateral pes planus) has been granted.

The Veteran's application to reopen his claim of service connection for sleep apnea was denied. Service connection for a GI disorder and fibromyalgia were also denied as the evidence did not establish a nexus between these conditions and active service.

The Board has remanded the issues of service connection for bilateral pes planus, an acquired psychiatric disorder (including PTSD and adjustment disorder with depressed mood), and obstructive sleep apnea. The effective date issue is denied.

The Board has granted the Veteran's petition to reopen his claim for service connection for sleep apnea and has remanded the issues of increased ratings for left ankle disability, urethral stricture, left knee disability, right knee disability, and PTSD. The decision is pending further action.